BILL ANALYSIS
AB 307
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 307 (Cook)
As Amended August 20, 2009
2/3 vote. Urgency
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|ASSEMBLY: | |(May 14, 2009) |SENATE: |38-0 |(September 3, |
| | | | | |2009) |
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(vote not relevant)
Original Committee Reference: B. & P.
SUMMARY : Provides that any person required to register as a sex
offender who applies for, or accepts, a position as an employee
or volunteer with any person, group, or organization, where he
or she would be "working directly and in an unaccompanied
setting" includes positions which provide goods or services to
minors.
The Senate amendments delete the Assembly version of this bill
and, instead, clarify the term, "working directly in an
unaccompanied setting" to include positions which provide goods
or services to minors.
EXISTING LAW :
1)Provides that every person required to register as a sex
offender, who applies or accepts a position as an employee or
volunteer with any person, group, or organization where the
registrant would be working directly and in an unaccompanied
setting with minor children on more than an incidental and
occasional basis or have supervision or disciplinary power
over minor children, shall disclose his or her status as a
registrant, upon application or acceptance of a position, to
that person, group, or organization.
2)Mandates that every person required to register as a sex
offender who applies for or accepts a position as an employee
or volunteer with any person, group, or organization where the
applicant would be working directly and in an accompanied
setting with minor children, and the applicant's work would
require him or her to touch the minor children on more than an
incidental basis, shall disclose his or her status as a
registrant, upon application or acceptance of the position, to
AB 307
Page 2
that person, group, or organization.
3)States that no person who is required to register as a sex
offender because of a conviction for a crime where the victim
was a minor under 16 years of age shall be an employer,
employee, or independent contractor, or act as a volunteer
with any person, group, or organization in a capacity in which
the registrant would be working directly and in an
unaccompanied setting with minor children on more than an
incidental and occasional basis or have supervision or
disciplinary power over minor children. This subdivision
shall not apply to a business owner or an independent
contractor who does not work directly in an unaccompanied
setting with minors.
4)Punishes those who fail to disclose his or her status as a sex
registrant, upon application or acceptance of employment that
involves working directly and in an unaccompanied with minors
by imprisonment in a county jail for not exceeding six months,
by a fine not exceeding one $1,000, or by both that
imprisonment and fine, and a violation of this section shall
not constitute a continuing offense.
AS PASSED BY THE ASSEMBLY , this bill prohibited a city or county
from issuing a license to operate an ice cream truck to any
person who is required to register as a sex offender because of
a conviction for a crime against a person under 16 years of age.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744
FN: 0002832